Providing Private Investigations and specialized Security Services to the Public...............
Kansas Private Detective Firearms Permit Training and Use of Deadly Force Incident Analysis............
Personal Computer Forensic Examination, Computer Data and Password Recovery, Computer Data Destruction............
Weapon of Mass Destruction (Vehicle Bombs & Homicide Bombers) Defense and Response Planning..........
Seminars and Technical Writing

KANSAS PRIVATE DETECTIVE
DEADLY FORCE INCIDENT
ADMINISTRATIVE PROCEDURE GUIDELINES

The following procedures are recommended for Kansas Private Detectives that are involved in a deadly force incident. The procedures are designed to meet both the legal and personal requirements that may arise as a result of such an incident. These procedures should be supplemented by appropriate legal, medical or employer advice.

Before Incident Procedures

• 1. Develop individual and/or agency procedures to deal with shooting incidents.
  
• 2. Analyze risk, develop appropriate training to counter, perform and record structured practice.
  
• 3. Take stress inoculation training; include immediate family in it.
  
• 4. Select an attorney, doctor, peer support counselor, investigator or others who may be needed.

Shooting Incident Immediate Procedures at the scene

• 1. Decock and holster firearm when safe to do so; secure scene for arrival of emergency personnel.
  
• 2. Notify local police and request assistance; record call if possible. Advise that scene is secure and that an armed private detective is present; give your physical description.
  
• 3. Provide or permit first aid to injured opponent even if obviously dead.
  
• 4. Assume non-confrontational stance; display identification to arriving police personnel.
  
• 5. Provide very brief report to officer on scene; record if possible. Advise that you prefer to give details later with KBI agents and your attorney or selected private detective present. Provide firearm for evidentiary purposes if requested [obtain evidence receipt].
  
• 6. Contact employer and/or another private detective to gather information at the scene of the incident or to record your formal statement to officers.
  
• 7. Contact an attorney to represent you during the interview and report preparation.
  
• 8. Decline to make statements to the press; refer request to employer or attorney.
  
• 9. View the overall scene prior to departing; have someone else drive you away from the scene.
  
• 10. Go to hospital for examination. Have any injuries documented by medical exam and have a blood test made to document non-use of alcohol or drugs. Obtain any medication that may be needed.
  
• 11. Arrange contact or notification to your family; particularly those in the immediate area.
  
• 12. Notify your insurer and your client of the incident; be brief.
  
• 13. Notify the Attorney General of the incident at 785-296-8200.

Shooting Incident Follow-up Procedures

• 1. Prepare report for Attorney General; fax to KBI, private detective licensing section 785-296-0525 within 24 hours. Have report reviewed by attorney, employer, firearm instructor or another selected private detective prior to submitting.
  
• 2. Provide verbal statement to KBI agents & local police; have your investigator record the interview.
  
• 3. Debrief the incident with a firearm instructor within 2-3 days.
  
• 4. Take a few days off; don't go back to work until ready.
  
• 5. Begin monitoring for personal reactions (post-traumatic stress indicators) that might be a result of the incident.
  
• 6. Prepare yourself and your family for consequences.

Attorney General notification:  785-296-8200   fax:  785-296-0525

PMO Security Services:  913-596-6445   cell:  816-830-1177

© COPYRIGHTED/PROPRIETARY MATERIAL, PMO SECURITY SERVICES, KANSAS CITY, KS, 2000

The deadly force incident will be reviewed by the Office of the Attorney General as the regulating agency and may be reviewed by the county attorney for possible criminal charges. Other people, such as an insurer, an employer or an injured party may also choose to review it. If they do so, here are the objectives of such reviews and the standards that will probably be used.

Objectives of Legal Review

• Criminal
  
  
  • Determine whether shooting was ‘detective business' KSA 75-7B01(a)
    
  • Determine whether shooting was consistent with a lawful use of force (justifiable as either self-defense or appropriate use of force in effecting arrest) KSA 75-7b17(e)
  
  
• Civil
  
  
  • Determine whether shooting was ‘detective business' KSA 75-7b01(a)
    
  • Determine to whom the business had a duty, if anyone
    
  • Determine whether shooting was a reasonable response (whether agency exercised reasonable care in its operation)

Results of Legal Review

• Attorney General may file criminal charges under state statutes
  
• County Attorney may file criminal charges under state or local statutes
  
• Injured party, insurer or agency may file civil action

Review Standards
Statutes which will be used for legal review:

• KSA 75-7b Private detective licensing act - [See regulatory review for details]
  
• Persons offenses
  
  
  • KSA 21-3401. Murder in the First Degree.
    
  • KSA 21-3402. Murder in the Second Degree
    
  • KSA 21-3403. Voluntary Manslaughter.
    
  • KSA 21-3404. Involuntary Manslaughter
    
  • KSA 21-3408. Assault
    
  • KSA 21-3410. Aggravated Assault
    
  • KSA 21-3412. Battery
    
  • KSA 21-3414. Aggravated Battery.
  
  
• Use of force statutes
  
  
  • KSA 21-3211. Use of Force in Defense of a Person
    
  • KSA 21-3214. Use of Force by an Aggressor
    
  • KSA 21-3215. Law enforcement officer's use of force in making arrest
    
  • KSA 21-3216. Private person's use of force in making arrest
    
  • KSA 21-3217. Use of force in resisting arrest.
    
  • KSA 21-3424. Unlawful restraint
  
  
• Arrest statutes
  
  
  • KSA 22-2401. Arrest by law enforcement officer.
    
  • KSA 22-2403. Arrest by Private Person.
    
  • KSA 22-2405. Method of arrest.
    
  • KSA 22-2407. Assisting law enforcement officer.
  
  
• Weapons offenses
  
  
  • 18 USC 930. Possession of firearms and dangerous weapons in Federal facilities.
    
  • KSA 21-4201. Criminal use of weapons.
    
  • KSA 21-4204. Criminal possession of a firearm.
    
  • KSA 21-4217. Criminal discharge of a firearm.
    
  • KSA 21-4218. Unauthorized possession of firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

• Objectives of Administrative-Regulatory Review
  
  
  • Determine whether shooting was ‘detective business'
    
  • Determine whether business complied with existing laws and regulation
    
  • Determine whether there is an unusual risk to public in continued operation of licensee
    
  • Determine whether corrective action to individual, agency, or regulations
    
  • Investigation may be initiated prior to action or simultaneous with action
  
  
• Review Standards Based on Private Detective Licensing Act (KSA 75-7b) and Kansas Administrative Regulations for Agency 16 Attorney General.
  
  
  • 7b01. Detective business definition; Firearm permit definition; firearm definition
    
  • 7b03. Exemptions.
    
  • 7b07. Agency responsibility for employees.
    
  • 7b11. Records access.
    
  • 7b17. Demonstration of need; Training by certified trainer; Permit in possession while carrying; Display of permit to LEO or property owner; Reporting of discharge; No greater justification than any other citizen
    
  • 7b18. Exclusive jurisdiction
    
  • 16-6-1 Qualified each year; Limited to firearms on permit; Notified of change of firearms within 72 hours; Qualified with added firearms within 30 days.
  
  
• Review Procedure Invokes Kansas Administrative Procedures Act [KSA 77-501 77-541]
  
  
  • Regulating Agency must provide notice of hearing and opportunity to be represented
    
    
    • 10 days notice of hearing
      
    • Specific procedures, protections and time requirements
      
    • May be represented by anyone of your choice
    
    
  • Regulating Agency may use emergency proceedings against firearm permit
    
    
    • Must be based on continuing risk to public
      
    • May be able to apply emergency proceeding to other licenses
    
    
  • Hearing held by hearing officer appointed by Attorney General
    
  • Finding of hearing officer may be appealed for review to Attorney General
    
  • Attorney General's final action may be appealed to court
  
  
• Legal Review of Administrative Action
  
  
  • Controlled under Kansas Judicial Review Act [KSA 77-601 through 77-627]
    
  • Filed in District Court in Shawnee County
    
  • Must be represented by attorney
    
  • May be appealed to higher court as provided in act

• Performed by Employer.
  
  
  • Based on agency policy compliance.
    
  • Will review legal and administrative results.
    
  • Will review employee performance during
    
  • Will review effect on agency and employee in future
  
  
• Objectives of Agency Review
  
  
  • Determine whether shooting was ‘detective business'
    
  • Determine whether agency and individual exercised reasonable care
    
  • Prepare necessary information for investigators, insurance, etc.
    
  • Determine whether employee requires any care, training, etc. to overcome incident or to improve performance
  
  
• Review Standards
  
  
  • Legal review standards listed above
    
  • Regulatory review standards listed above
    
  • Agency internal policy
    
  • Insurance policy limitations
    
  • Civil liability doctrine
    
    
    • Reasonable care
      
    • Negligence - act of omission or act of commission

PERSONAL REVIEW

• Performed by:
  
  
  • Private Detective
    
  • Employer
    
  • Family
    
  • Peers
    
  • Health care personnel
  
  
• Objective of Personal Review
  
  
  • Assess impact on individual and family
    
  • Determine whether legal assistance is needed
    
  • Determine whether medical assistance is needed
    
  • Prepare for future private detective operations
  
  
• Results for Private Detective
  
  
  • Deal with legal consequences
    
  • Deal with regulatory consequences
    
  • Deal with employer consequences.
    
  • Deal with personal consequences.
    
    
    • Health - physical and emotional
      
    • Financial - Loss of pay; legal fees
    
    
  • Relationships affected

  EXPERT OPINION REVIEW

  
  
  
  
  • Utilizes the Legal, Administrative and Agency Reviews
    
  • Determines Critical Event Path of the Shooting
    
  • Utilizes a Self-Defense Issue Analysis
    
  • Applies Objective Reasonableness test
    
  • Determines Proximate Cause of any Injury

Maybe it's Professionally Managed training Objectives...............
Maybe it's experience in Police and Military Operations.........
Maybe it's Planning and Monitoring from Off-Site.........
whatever the task,
PMO always stands for quality service, Personal, Mobile and On Target.
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